OTTAWA - The Military Police Complaints Commission has launched an investigation focusing on how military authorities managed the case of Lt.-Gen. Steven Whelan, who was removed from his senior position following allegations of sexual misconduct. This inquiry has drawn attention not only for the nature of the claims against Whelan but also for the broader issues of sexual misconduct within the Canadian military system.
Back in 2021, as head of the military’s personnel, Whelan faced allegations from a subordinate, claiming he had engaged in inappropriate behavior. The nature of these accusations led to significant scrutiny not only on Whelan but on the military’s response to such claims. During this challenging time, the case stirred considerable public interest, particularly as it surfaced amid other high-profile allegations within the Armed Forces.
By 2022, Whelan found himself charged by military police with two counts of conduct detrimental to military discipline. Yet, when the case reached court martial proceedings the following year, these charges unraveled quickly. The first — connected to allegations of sexual misconduct — was dismissed on the first day of hearings. Days later, the second charge was dropped after the presiding judge deemed certain evidence inadmissible.
Whelan has been vocal about his grievances, claiming the investigation was poorly conducted and riddled with professional failings. According to him, there was inadequate documentation of his interactions with the complainant, key witnesses were overlooked, and evidence was poorly managed. He has gone so far as to suggest there was undue influence from higher military authorities, aimed at achieving what he describes as a predetermined outcome.
Particularly concerning for Whelan is the allegation of media leaks pertaining to his case. He argues these leaks indicate possible complicity from military police, raising questions about whether the investigation was compromised from the start. “If substantiated, they could amount to a deliberate failure to properly investigate the serious allegation of sexual misconduct,” stated Tammy Tremblay, the head of the Military Police Complaints Commission. She acknowledged the weight of Whelan’s allegations, which could indicate systemic issues within how such investigations are traditionally handled.
On Dec. 11, 2024, Tremblay announced her decision to pursue this investigation without holding public hearings at this time, arguing it would expedite the inquiry process. While Whelan had requested broader investigations on sexual misconduct involving high-ranking officers, Tremblay clarified her office had limitations concerning systemic investigations, focusing instead on individual complaints.
She maintained, "Sexual misconduct in the military is an important issue demanding rigorous investigations," highlighting the possible biases faced by both victims and suspects within the military justice system. Tremblay assured the public her commission would share its findings once the investigation concludes, demonstrating the commitment to transparency amid the larger conversation about sexual misconduct within the military.
Whelan's fight hasn’t been limited to the complaints commission; he also filed a lawsuit earlier this year against both the federal government and his accuser, asserting the military and the Department of National Defence owe him reparations for what he termed as tortious actions, including “abuse of office, negligent investigation, and malicious prosecution.” Whelan alleged these actions were part of strategies to minimize political fallout resulting from the scandal.
2021 proved to be tumultuous for the armed forces at large, with numerous senior officials facing similar allegations. The flurry of incidents prompted the government to commission an external review led by former Supreme Court justice Louise Arbour. Arbour’s review urged the military to reform its culture and increase accountability when dealing with sexual misconduct complaints.
Another significant case during this period involved Maj.-Gen. Dany Fortin, who faced allegations dating back to 1988 and was removed from a prominent position running the country’s COVID-19 vaccination rollout. Fortin was charged with sexual assault but was later acquitted after his trial. Like Whelan, he has also pursued legal action, filing against multiple high-ranking officials, including Prime Minister Justin Trudeau, resulting in a confidential settlement reached just last month.
The legal ramifications of these high-profile cases reflect growing concerns within the military about how such allegations are treated and how investigations are conducted. Both Whelan’s and Fortin’s experiences highlight the tension existing between the need for accountability and the system’s potential biases and flaws.
With the Military Police Complaints Commission investigating Whelan’s claims, many are left questioning whether this marks the beginning of meaningful reform. The military's handling of sexual misconduct allegations stands at the center of discussion, as it grapples with overcoming longstanding cultural issues and ensuring fair treatment for both complainants and the accused.
The outcome of Whelan's case could set significant precedents for future allegations and investigations within the military. The commission’s findings may shed light on whether there were concerted efforts to influence the investigation against Whelan, and if so, what measures might be taken to rectify such systemic failures.
“Accountability is key,” maintained Tremblay, as her office prepares for the next steps of the investigation. It will be imperative not only to examine the past conduct of investigations but also to pave the way for policies and practices to prevent such occurrences and protect service members and complainants alike.
Public interest will remain high as more details emerge from the inquiry and the legal battles continue to evolve. Both Whelan and Fortin's cases underline the pressing need for cultural shifts within the military, ensuring respect and accountability are at the core of its institutional practices moving forward.